05-264/�/7�/�Y/t�L'O
- � / �/!i% o�Oo?OlJS
OIrDINANCE
CITY Q3F SAINT PAUL, MINNESOTA
Refesed To
Council File #
OS-264
Green Sheet # 3025739
Committee Date
1 An ordinance clarifying the definirion of nuisance animal noises.
2 THE COUNCII. OF THE CITY OF SAIN'I' PAUL DOES ORDAIN:
• ..
I
' I
3 Secrion 1. Secrion 200.14 of the Saint Paul Legislative Code is hereby amended to read as follows:
4 Sec. 200.14. �ogs Animals; disturbing the peace; enforcement.
5 �It shall be unlawful for any person to own, keep, have in possession or harbor any deg animal or animals which
6 make anv noise to the reasonable annoyance of another person or persons. The nhrase "to the
7 reasonable annovance of another person or nersons" shall include, but is not limited to, the creation of anv noise bv
8 anv animal or animals which can be heard bv anv uerson, includine the Animal Control Officer or a law
9 enforcement officer. from a locarion outside of the buildin¢ or roremises where the animal or animals are located
10 and which animal noise occurs repeatedlv over at least a five minute period of rime with no more than a one minute
11 lause of time between each animal noise durine the five minute period. Any person violating this section, wha-npan
12
13 '� be issued a citation or arrested in accordance with the Minnesota Rules of
14 Criminal Procedure�nd; ,
15 (b) A nolice officer or animal control sunervisor mav make a request to ston the annovance. If unon first request to
16 stop or prevent the annovance, the person violatin¢ this section fails or refuses to complv with the request to ston or
17 urevent the annovance within 24 hours of such a reauest or the neace officer or animal control sunervisor - rvmccr
18 deems it necessary to stop the annoyance, the uolice officer or animal control sunervisor may have the deg animal or
19 animals taken to the city animal control center. Any �eg animal placed in the animal control center may be
20 reclaimed by the owner upon payxnent of the fee prescribed in secrion 200.07, and if not reclaimed may be disposed
21 of in the manner provided in section 200.13.
22 Section 2. Section 293.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
23
24
Sec. 293.02. Noise as a public nuisance.
(a) Generally.
�"� ��`
25 (1) It shall be unlawful for any person to make, continue, permit or cause to be made, conrinued or permitted within
26 the city, any loud, disturbing or excessive noise which would be likely to cause significant discomfort or
27 annoyance to a reasonable person of ordinary sensitivities in the area.
28 (2) The characteristics and conditions which shall be considered in determining whether a noise is loud, disturbing
29 or excessive for the purposes of paragraph (a) of this section, shall include, without limitation, the following:
30 a. The time of day or night when the noise occurs.
31 b. The duration of the noise.
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OS-264
1 c. The prolcixnity of the noise to a sleeping facility and/or a residenrial area.
2 d. The land use, nature and zoning of the area from which the noise emanates and the area where it is
3 perceived.
4 e. The number of people and their acrivities that are affected or are likely to be affected by the noise.
5 £ The sound peak pressure level of the noise, in comparison to the level of ambient noise.
6 (b) Noisy assembly.
7 (1) Defined_ The term "noisy assembly" shall mean a gathering of more than one person in a residenrially zoned or
8 used area or building that would be likely to cause significant discomfort or annoyance to a reasonable person of
9 ordinary sensiriviries present in the azea, considering the rime of day and the residential character of the azea,
10 due to loud, disturbing or excessive noise.
11 (2) Permitting noisy assembZy. It shall be a violation of this section for any person having dominion, care or conh
12 of a residentially zoned or used area or building lmowingly to pemut a noisy assembly.
13 (3) Remaining at a noisy assembZy. It shall be a violarion of this section to participate in, visit or remain at a
14 gathering lmowing or having reason to lmow that the gathering is a noisy assembly, except any person(s) who
15 has/have come to the gathering for the sole purpose of abating the noisy assembly.
16 (c) Animals. It shall be a violation of this section to own, keep, have in possession or harbor any animal or animals
17 which make anv noise to the reasonable annovance of another person or uersons. ,
18
19
20 . The nhrase "to the reasonable annovance of another person or nersons"
21 shall include. but is not limited to. the crearion of any noise bv anv animal or animals which can be heard bv any
22 nerson. includine the Animal Control Officer or a law enforcement officer, from a location outside of the
23 building or premises where the animal or animals are located and which animal noise occurs repeatedly over at
24 least a five minute neriod of time with no more than a one minute laose of time between each animal noise
25 during the five minute neriod.
26 (d) Amplified sound. It shall be a violation of this section to play, operate or permit the playing, use or operation of
27 any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of sound,
28 unless otherwise permitted by law, located inside or outside, the sound of which carries to points of habitation
29 or adjacent properties, and is audible above the level of conversarional speech at a distance of fifty (50) feet or
30 more from the point of origin of the amplified sound.
31 (e) Motor vehicles.
32 (1) Generally. It shall be a violation of this secrion to use any automobile, huck, motorcycle or other vehicle which
33 causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary
34 sensitivities present in the area due to loud, disturbing or excessive noise.
35 (2) Amplified sound from motor vehicles. It shall be a violafion of this section to play, operate or permit the playing,
36 use or operarion of any radio, tape player, disc player, loud speaker or other electronic device used for the
37 amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley,
38 or in a commercial or residential parldng facility, which is audible by any person from a distance of fifty (50)
39 feet or more from the motor vehicle. When sound violating this section is produced or reproduced by any such
40 device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occurs, is
41 guilty of the violation. If the motor vehicle's owner is not present at the time of the violarion, the person who has
42 dominion, caze or conh�ol of the motor vehicle at the time of the violation is guilty of the violarion. In addirion to
43 an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of
44 sound in violation of this secrion is guilty of the violation.
barking dogswpd
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1 (3) Horns and other signals. It shall be a violarion of this secrion to sound any horn or signal device on am
2 automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic waming, which would be likely
3 to cause significant discoxnfort or annoyance to a reasonable person of ordinary sensitivities in the area.
4 (4) Application of the MPCA ruZes. No person shall operate a motor vehicle in the city in violarion of the motor
5 vehicle noise lunits of the Minnesota Pollurion Control Agency Rules, Sections 7030.1000 through �030.1600.
6 (fl Penalties.
7 (1) A violarion of any secrion of this chapter is a misdemeanor, and a sentence of not more than ninety (90) days in
8 jail, or a fine of not more than one thousand dollars ($1,000.00), or both, may be imposed.
9 a. Each day a violarion of this ordinance is committed or pemutted to continue shall constitute a sepazate
10 offense and may be punished separately.
11 (C.F. No. 02-653, § 1, 8-14-02)
12 Section 3. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
13 publication.
Requested by Deparhnent of:
�
By:
Form
By:
Attorney
�M 16 '�
Approved or: Date ��
B ��'��✓I/�'C�° �
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Approved by Mayor for Submission to Council
By:
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a_
Adopted by Cowicil: Date �� � a�� � 0��
Adoption Certified by Council Secretary
�"d�'�
- � Green Sheet Green Sheet Creen Sheet Green Sheet Green Sheet Green Sheet �
CA �«Y Atto=nry
Contact Person & Phone:
Rachd Gtmdersm
26Cr8710
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ContractType:
OR-0RDMANCE
Tofal # of Signature Pages _(Clip NI Locations forSignature)
Ostion Requested:
An ordinance clarifying the definition of nuisance animal noises
itlffiias: Appm�e (A) or Reject (R):
Planning Canmissian
C� Committee
CiWI Service Commission
Infiaong Probfem, Issues, Opportunily �Who, What, When, Where, Why):
AdvantagesiFApproved:
DisadvaMages If Approved:
DisaManGges B Not Approved:
DaOe In"Nated:
,�� Green Sheet NO: 3025739
., Deoarhrent SentToPerson NitiallDafe
0
Assign 1 r�en[ Direcfnr
Number Z �
For
Routing 3
Ortler 4 � C
5
1. Has this person/firtn e�er xaked under a coMract forthis departm�t?
Yes No
2. Has this persorJfirtn e�er been a city empioyee?
Yes No
3. Does this peisaJfirm possess a skill not namally possessed by any
curterd city employee?
Yes No �
Explain all yes answers on separate sheet and attach to green shee!
Transaction:
Funding Source;
Financial Infortnation:
(Explain)
CostlRevenue Budgeted:
Activity Number:
". �`���9Ch �
March 14, 2005 4:09 PM
Page 1
MAR 15 2005
SUBSTITUTE - March 23, 2005
Council File # OS-264
Green Sheet # 3025739
ORDINANCE
CITY
Presented
SAINT PAUL, MINNESOTA
Refesed To " Committee Date
1 An ordinance clarifying the definirion of nuisance auiu�al noises.
2 THE COUNCIL OF TF� CTfY OF SAIlVT PAUL DOES ORDAIN:
3 Section 1. Section 200.14 of the Saint Paul Legislative Code is hereby amended to read as follows:
4 Sec. 200.14. �egs Animals; disturbing the peace; enforcement�
5 �It shall be unlawful for any person to own, keep, have in possession or hazbor any elag animal which �awls� gelps
6 ar� makes anv noise to the reasonable annoyance of another person or persons. The nhrase "to the reasonable
7 annoyance of another nerson or nersons" shall include, but is not limited to, the creation of anv noise bv anv animal
8 which can be heard bv anv verson, includine the Animal Control Officer or a law enforcement officer, from a
9 location outside of the buildine or nremises where the animal is located and which animal noise occurs reneatedlv
10 over at least a five minute ueriod of time with no more than a one minute lapse of time between each anima] noise
11 durine the five minute period. Any person violating this section, ,
12 , , ' �be
13 issued a citation or arrested in accordance with the Minnesota Rules of Criminal Procedure�a$ ,
14 (b) A nolice officer or animal control suuervisor mav make a reauest to stop the annovance. If upon first request to
15 stop or prevent the annovance, the person violatine this section fails or refuses to complv with the request to ston or
16 nrevent the annovance within 24 hours of such a reauest or the neace officer or animal control supervisor - `a�i�ccr
17 deems it necessary to stop the annoyance, the nolice officer or animal conuol sunervisor may have the dag animal
18 taken to the ciry animal conuol center. Any dag animal placed in the animal control center may be reclaimed by the
19 owner upon payment of the fee prescribed in section 200.0'7, and if not reclaimed may be disposed of in the manner
20 provided in section 200.13.
21 Section 2. Section 293.02 of the Saint Paul Legislative Code is hereby amended to read as follows:
22
23
Sec. 293.02. Noise as a public nuisance.
(a) Generally.
24 (1) It sha11 be unlawful for any person to make, continue, pernut or cause to be made, continued or permitted within
25 the city, any loud, disturbing or excessive noise which would be likely to cause significant discomfort or
26 annoyance to a reasonable person of ordinary sensiuvities in the azea.
27 (2) The characteristics and conditions which shall be considered in detennining whether a noise is loud, disturbing
28 or excessive for the purposes of paragraph (a) of this section, shall include, without limitation, the following:
29
30
31
a. The time of day or night when the noise occurs.
b. The duration of the noise.
c. The proximity of the noise to a sleeping facility and/or a residential azea.
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1 d. The land use, nature and zoning of the area from wiuch the noise emanates and the azea where it is
2 perceived.
3 e. The numUer of people and their activities that are affected or aze likely to be affected by the noise.
4 £ The sound peak pressure level of the noise, in comparison to the level of ambient noise.
5 (b) Noisy assembly.
6 (1) Defzned The term "noisy assembly" shall mean a gathering of more than one person in a residentially zoned or
7 used area or building that would be likely to cause significant discomfort or annoyance to a reasonable person of
8 ordinary sensitiviries present in the area, considering the time of day and the residential character of the azea,
9 due to loud, disturbing or excessive noise.
10 (2) Pernzining noisy assembly. It shall be a violation of this section for any person having dominion, caze or control
11 of a residentially zoned or used area or building lmowingly to permit a noisy assembly.
12 (3) Remaining at a noisy assembly. It sttall be a violation of ttus secuon to participate in, visit or remain at a
13 gathering lrnowing or having reason to Imow that the gathering is a noisy assembly, except any person(s) who
14 has/have come to the gathering for the sole purpose of abating the noisy assembly.
15
16
17
18
19
20
21
22
23
(c) Animals. It shall be a violation of this section to own, keep, have in nossession or hazbor any animal which
makes any noise to the reasonable annovance of another person or versons.
. The nhrase "to the reasonable annovance of another nerson or nersons"
shall include, but is not limited to, the creation of anv noise by any animal which can be heazd bv anv nerson.
includine the Animal Control Officer or a law enforcement officer, from a location outside of the buildine or
nremises where the animal is located and which animal noise occurs reneatedlv over at least a five minute neriod
of time with no more than a one minute lapse of time between each animal noise durine the five minute neriod.
24 (d) Amplifzed sound. It shall be a violarion of this section to play, operate or pernut the playing, use or operation of
25 any radio, tape player, disc player, loud speaker or other elecffonic device used for the amplification of sound,
26 unless otherwise pemutted by law, located inside or outside, the sound of which carries to points of habitation
27 or adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or
28 more from the point of origin of the amplified sound.
29 (e) Motor vehicles.
30 (1) Generally. It shall be a violation of this section to use any automobile, truck, motorcycle or other vehicle which
31 causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary
32 sensirivities present in the area due to loud, distwbing or excessive noise.
33
34
35
36
37
38
39
40
41
42
43
44
(2) Amplified sound from motor vehicles. It shall be a violation of this section to play, operate or permit the playing,
use or operauon of any radio, tape player, disc player, loud speaker or other electronic device used for the
amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley,
or in a commercial or residential parking facility, which is audible by any person from a distance of fifry (50)
feet or more from the motor vehicle. When sound violating this section is produced or reproduced by any such
device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occurs, is
guilty of the violation. If the motor vehicie's owner is not present at the rime of the violation, the person who has
dominion, caze or control of the motor vehicle at the time of the violarion is guilty of the violation. In addition to
an owner or a driver, any person who controls or assists with the production, reproduction, or amplification of
sound in violation of this section is guilty of the violation.
(3) Horns and other signals. It shall be a violation of this section to sound any horn or signal device on an
automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic wazning, which would be likely
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1
2
3
4
5
6
7
8
9
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to cause significant discomfort or annoyance to a reasonable person of ordinary sensiuviues in the area.
(4) Application of the MPCA rules. No person shall operate a motor vehicle in the city in violation of the motor
velucle noise limits of the Minnesota Pollurion Control Agency Rules, Sections 7030.1000 through 7030.1600.
(fl Pen¢tries.
(1) A violation of any secrion of this chapter is a ausdemeanor, and a sentence of not more than ninety (90) days in
jail, or a fine of not more than one thousand dollazs ($1,000.00), or both, may be unposed.
a. Each day a violation of this ordinance is committed or permitted to continue shall constitute a sepazate
offense and may be punished separately.
(C.F. No. 02-653, § 1, 8-14-02)
Section 3. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
publication.
Benanav
Bostrom
Hanis
Montgomery
Thune
Adopted by Council: Date
Adopfion Certified by Council Secretary
By:
Approved by Mayor: Date
By:
Requested by Department of:
�
Form A mved by City�Attomey
By: �[ � "� sn�. �—
s
Approved by Mayor for Submission to Council
�
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City of St. Paul
Office of the City Council
320 City Hall
Saint Paul, MN 55102
(651) 266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: Mazch 10, 2005 ���"`�'
TO: Councilmembers
FROM: Mazcia Moermond, Policy and Reseazch Lead Analyst JV �W"
SUBJECT: Nuisance Dog Bazking/Animal Noise Ordinance Changes
The City of Saint Paul has recently been made aware that the definition of nuisance dog barking provided in
the Legislative Code is unconstitutionally vague, and thereby denies due process of law.' The current Saint
Paul definitions read as follows:
It shall be unlawful for any person to own, keep, have in possession or harbor any dog which howls,
yeZps or barks fo the reasonable annoyance of another person or persons. (Saint Paul Legislative Code
200.14)
Animals. If shall be a violation of this section to keep any animal which causes long, frequent and/or
continuous noise which would be likely to cause significant discomfort or annoyance to a reasonable
person of ordinary sensitivities present in the area considering the time of day and the residential
character of the area due to loua; disturbing or excessive noise. (Saint Paul Legislative Code 293.02(c).)
A work group involving the City Attorney's Office, Council Reseazch, Animal Control convened to review
the current ordinances and discuss amendments. The goal of the group was to develop ordinances which
would provide specific, measurable, and objective standazds for dog bazking as a nuisance noise. The
standard we recommend is a vaziation of that used by the City of Edina and that provided by the League of
Minnesota Cities model ordinance: owning, keeping, having in possession or harboring any animal
whic6 howls, yelps, barks or otherwise produces noise which can be heard from a location outside the
building or premises where the animal is located for repeated intervals of at least five minutes with less
than one minute of interruption.
Additionally, the group adopted the goal of making the ordinance more universal in its application to all
animals which produce nuisance noise. Therefore, the attached ordinances change references from dog(s) to
animal(s) in some locations.
Finally, Animal Control staff and the City Attomey's O�ce need a standazd for use in these cases until the
new ordinance becomes effective. It was the work group's belief that it is necessary to continue the
enforcement of nuisance noise ordinances as they relate to animals during the time period the ordinance is
researched, rewritten, considered by Council and then published and take effect — which together can amount
to a minimum of 3 months. Rachel Gunderson in the City Attorney's Office is working on such a standard.
Although this can be handled administratively, I believe it may be in the interest of the City to have this
standard adopted by resolution to broaden public understanding of the City's practices in this regard. If the
Council pursues adoption of this practice in resolution form, it would probably best be introduced at the
public hearing on the ordinance, and adopted at the same time as the ordinance.
Please let me know if you have any follow-up questions.
cc: Janeen Rosas LIEP and Bill Stephenson, Animal Control (LIEP)
Manuel Cervantes, Rachel Gunderson, Jerry Hendrickson, and Tara Patet, CiTy Attomey's Office
' In a letter to the City Attomey's Office dated January 18, 2005, Mazshall Tanick of Marshall Tanick &
Cohen, P.A. Attomeys at Law presented compelling information that a citation issued by Saint Paul Animal Control
staff to Rebecca Knittel of 1343 Arona Street should be dismissed because the City's ordinance does not provide
adequate standazds for determining whether a dog's bazking may be reasonably considered a nuisance.
Councff Fffe # ���'�
GreenSheet# 3C25739
ORDINANCE
OF
Presenrsa
PAUL, MINNESOTA
Referred To `� ' Commiitee Date
1 An ordinance clarifying the definition of nuisance animal noises.
2 THE COUNCIL OF THE C1TY OF SAINT PAUL DOES ORDAIN:
3 Section 1. Section 200.14 of the Saint Paul L,egislative Code is hereby amended to read as follows:
4 Sec. 200.14. �ags Animals; disturbing the peace; enforcement
5 �It shall be unlawful for any person to own, keep, have in possession or hazbor any dag animal which howls, yelps
6 or bazks to the reasonable annoyance of another person or persons. The nhrase "to the reasonable annoyance of
7 another person or versons" shall include, but is not liarited To, the creation of anv noise by any animal which can be
8 heazd by any anKperson, including the Animal Conuol Officer or a law enforcement officer, from a location outside
9 outside of the buildin¢ or vremises where the animal is located and which animal noise occurs repeatedlv over at
10 least a five minute neriod of time with no more than a one minute lanse of time between each animal noise durinQ
11 the five minute �riod. Any person violating this section, ,
12 , ,� mav be issued a
13 citation or arrested in accordance with the Minnesota Rules of Criminal Procedure�d; ,
14
15
16
17
18
19
20
(b) A nolice officer or animal control supervisor mav make a request to stop the annovance. If upon first reauest to
stop orprevent the annovance, the person viotating this section fails or refuses to comolv with the request to stop or
urevent the anno�ance within 24 hows of such a zeauest or the peace officer or animal control supervisor a€fieer
deems it necessary to stop the annoyance, the �olice officer or animal control sunervisor may have the deg animal
taken to the city animal control center. Any deg animal placed in the animal conuol center may be reclaimed by the
owner upon payment of the fee prescribed in section 200.07, and if not reclaimed may be disposed of in the manner
provided in section 200.13.
21 Section 2. Section 293.02 of the Saint Paul I.egislative Code is hereby amended to read as follows:
22
23
Sec. 293.02. Noise as a public nuisance.
(a) Generally.
24 (1) It shall be unlawful for any person to make, continue, permit or cause to be made, continued or pernutted within
25 the city, any loud, disturbing or excessive noise which would be likely to cause significant discomfort or
26 annoyance io a reasonable person of ordinary sensitivities in the area.
27 (2) The characteristics and conditions which shall be considered in deternrining whether a noise is loud, disturbing
2S or excessive for the purposes of paragraph (a) of this section, shatl include, without limitation, the foliowing;
29
30
31
a. The time of day or night when the noise occurs.
b. The duration of the noise.
c. The proximity of the noise to a sleeping facility and/or a residential area.
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1 d. The Iand use, nature and zoning of the area from which the noise emanates and the azea where it is
2 perceived.
3 e. The number of people and their activities that are affected or aze likely to be affected by the noise.
4 f. The sound peak pressure level of the noise, in comparison to the level of ambient noise.
5 (b) Noisy assembly.
6 (1) Dejined The term "noisy assembly" shall mean a gathering of more than one person in a residentially zoned or
7 used azea or buil@ing that wonld be likely to cause szgnificant discomfort or annoyance to a reasoaable person of
S ordinary sensitivities present in the azea, considering the time of day and the residenfial chazacter of the azea,
9 due to loud, disturbing or excessive noise.
IO (2} Permitting noisy assembly. It shall be a violation of this section for any person having dominion, caze or control
I1 of a residentially zoned or used azea or building I�owingly to pemut a noisy assembly.
12 (3) Remaining at a noisy assembly. It shall be a violation of this section to pazticipate in, visit or remain at a
13 gathering laiowing or having reason to laiow that the gathering is a noisy assembly, except any person(s) who
14 has/have come to the gathering for the sole purpose of abating the noisy assembly.
15
16
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19
20
21
22
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24
{c) Animals. It shal] be a violation of this section to own, keep have in possession or hazbor any animal which
howls, ve1Qs, barks, or otherwise produces noise to the reasonable annovance of another person or oersons.
. The nhrase "to the reasonable
annovance of another person orpersons" shall ittclude, but is not limited to, the crearion of anv noise bv anv
animal which can be heazd by anv person, includinp the Animal Control Officer or a law enforcement officer.
from a location outside of the buildinQ or premises where the animal is located and which animal noise occurs
reneatedlv over at least a five minute period of fime with no more than a one minute lanse of time between each
animal noise durine the five minute�eriod.
25 (d) Amplified sound. It shall be a violation of ihis section to play, operate or permit the playing, use or operation of
26 any radio, tape player, disc player, loud speaker or other electronic device used for the amplification of sound,
27 unless otherwise pemutted by law, located inside or outside, the sound of which carries to points of habita6on
28 or adjacent properties, and is audible above the level of conversational speech at a distance of fifty (50) feet or
29 more from the point of origin of the amplified sound.
30 (e) Motor vehicles.
31 (1) Generally. It shall be a violauon of this section to use any antomobile, truck, motorcycle or other vehicle which
32 causes or would be likely to cause significant discomfort or annoyance to a reasonable person of ordinary
33 sensitivities present in the area due to loud, disturbing or excessive noise.
34
35
36
37
38
39
40
41
42
43
(2) Amplified sound fram motor vehicles. It shall be a violation of this section to play, operate or pemut the playing,
use or operation of any radio, tape player, disc player, loud speaker or other electronic device used for the
amplification of music or other entertainment, which is located within a motor vehicle on a public street or alley,
or in a commercial or residential pazking facility, which is audible by any person from a distance of fifry (50)
feet or more from the motor vehicle. When sound violating this section is ptoduced or reproduced by any such
device that is located in a motor vehicle, the motor vehicle's owner, if present when the violation occurs, is
guilty of the violation. If the motor vehicle's owner is not present at the time of the violation, the person who has
dominion, caze or control of the motor vehicle at the rime of the violarion is guilty of the violation. In addirion to
an owner or a driver, any person who controls ot assists with fhe production, reproducuon, or amplification of
sound in violation of this section is guilty of the violation.
44 (3) Homs and other signals. It shall be a violation of this section to sound any hom or signal device on an
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1 automobile, motorcycle, bus or other vehicle, except as a danger signal or traffic wazning, which would be likely
2 to cause significant discomfort or annoyance to a reasonable person of ordinary sensitivities in the azea.
3 (4) Application of the MPCA rules. No person shall operate a motor vehicle in the city in violarion of the motor
4 velucle noise limits of the Minnesota Pollution Control Agency Rules, Sections 70301000 through 7030.1600.
5 (� PenalLies.
6 (1) A violation of any secuon of ttus chapter is a misdemeanor, and a sentence of not more than ninety (90) days in
7 jail, or a fine of not more than one thousand dollazs ($1,000.00), oz both, may be imposed.
8 a. Each day a violation of this ordinance is committed or permitted to continue shall consritute a separate
9 offense and may be punished sepazately.
10 (C.F. No. 02-653, § 1, 8-14-02)
11 Section 3. This ordinance shall take effect and be in force thirty (30) days following its passage, approval and
i2 publication.
Requested by Department of:
Ben
Bostrom
Harris
�
Montgomery
Thune
Adopted by Council: Date
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
By:
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